Part 8.
TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
Chapter 153.
RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
22 TAC §153.15
The Texas Appraiser Licensing and Certification Board adopts
an amendment to §153.15, without changes to the proposed text as published
in the September 30, 2005, issue of the
Texas Register
(30 TexReg 6170) and will not be republished.
One comment was received from Foundation of Appraiser Coalition (FACT)
pointing out that the wording on the proposed rule may be in conflict with
the §153.15(d); however, they do not oppose the adopted rule.
The adopted amendment to §153.15, changes the time frame in which
a state licensed appraiser can complete the 2,000 hours of appraisal experience
for licensing as set forth in the Appraiser Qualifications Board Criteria
to be no less than 12 months.
The amendment is adopted under the Texas Appraiser Licensing
and Certification Act, Subchapter D, Board Powers and Duties (Texas Occupations
Code, Chapter 1103), which provides the board with authority to adopt rules
under §1103.151, Rules Relating to Certification and Licenses.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 17, 2006.
TRD-200600880
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Effective date: March 9, 2006
Proposal publication date: September 30, 2005
For further information, please call: (512) 465-3959
Chapter 463.
APPLICATIONS AND EXAMINATIONS
22 TAC §463.15
The Texas State Board of Examiners of Psychologists adopts
amendments to §463.15, Oral Examination, with changes to the proposed
text as published in the December 16, 2005, issue of the
Texas Register
(30 TexReg 8387).
The amendments are being adopted to adhere to the changes made by the 79th
Texas Legislature to the section of the Psychologists' Licensing Act regarding
the oral examination.
The adopted amendments will clearly define the standards used by the board
to determine whether a person has demonstrated sufficient entry-level knowledge
of the practice of psychology.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
§463.15.Oral Examination.
(a)
Application Requirements. An application for the Oral Exam
includes an application form, current passport picture of the applicant and
required fee.
(b)
Eligibility. To be eligible for licensure as a psychologist,
all provisionally licensed psychologists shall be required to take and pass
the oral exam administered by the Board. Only provisionally licensed psychologists
may apply to take the oral exam. The Board shall waive this requirement for
Specialists of the American Board of Professional Psychology, Health Service
Providers listed in the National Register and for individuals who qualify
for licensure under reciprocity.
(c)
A candidate for the oral examination must demonstrate sufficient
entry-level knowledge of the practice of psychology to pass the exam based
on the following standards:
(1)
A candidate must have a total score of 64 or above from
each of the two examiners to pass the exam.
(2)
Scores are based on the demonstrated abilities of the candidate
in nine content areas with a possible score in each content score of 9 points
for a well articulated verbal answer, 8 points for a good or passing answer,
3 points for a weak, vague or incomplete answer, and minus 10 points for an
answer that is substantially incomplete or incorrect.
(3)
The nine content area are as follows:
(A)
Identifies the problems (e.g. initial hypotheses, differential
diagnoses, etc.);
(B)
Identifies a specific and plausible strategy for gathering
further data to refine the problem definition (e.g. psychometrics, observation
data collection, etc.);
(C)
Develops a realistic intervention or action plan on the
basis of the initial formulation;
(D)
Recognizes and can formulate an effective response to crises;
(E)
Attends to cultural and diversity issues;
(F)
Demonstrates awareness of professional limitations;
(G)
Can recognize and apply laws which are relevant to the
case;
(H)
Can recognize and apply professional standards that are
relevant; and
(I)
Can recognize and apply ethical standards or ethical reasoning
pertinent to the case.
(4)
Each candidate is presented with a vignette, which is representative
of a situation commonly encountered in the area of testing. Candidates are
required to articulate a case formulation according to a standard or model
that is generally recognized in their area of testing. Candidates are required
to respond to questions associated with each vignette.
(5)
Areas of psychology in which a candidate may choose to
be tested are: clinical, counseling, school, neuropsychological, and industrial
and organizational.
(d)
In advance additional information is provided to each candidate
in the form of a brochure.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 24, 2006.
TRD-200600994
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 16, 2006
Proposal publication date: December 16, 2005
For further information, please call: (512) 305-7700
22 TAC §463.27
The Texas State Board of Examiners of Psychologists adopts
amendments to §463.27, Temporary License for Person Licensed in Other
States, with changes to the proposed text as published in the December 16,
2005, issue of the
Texas Register
(30 TexReg
8388).
The amendments are being adopted to adhere to the changes made by the 79th
Texas Legislature to the section of the Psychologists' Licensing Act regarding
licensure as a psychologist.
The adopted amendments will set requirements for an individual licensed
in another state to obtain a limited temporary license in Texas.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
§463.27.Temporary License for Persons Licensed in Other States.
(a)
Temporary licensure is available to applicants for a period
of not longer than 30 days from the time the application is approved until
the expiration of the 30 days, provided the following conditions are met by
the applicant.
(1)
Submission of a completed application for temporary licensure,
including a brief description of the type of psychological service to be provided
which is acceptable to the Board and the requested time period for the temporary
license;
(2)
Submission of the required fee;
(3)
Submission of proof that the applicant holds current licensure
to practice as a licensed psychologist or a licensed psychological associate
in another state with licensing requirements substantially equivalent to the
Board's;
(4)
Submission of documentation directly from the state in
which the applicant is currently licensed indicating that the applicant is
in good standing; and
(5)
The applicant provides documentation that the applicant
has passed the EPPP at the Texas cut-off for the type of temporary license
sought.
(b)
Licensed psychologists and licensed psychological associates
with temporary licenses must practice in adherence to the Board rule 465.2(h),
Supervision, and may consult with the supervising Texas licensed psychologist.
(c)
The specific period of time for which the applicant is
issued a temporary license is stated in the Board's approval letter which
issues the temporary license.
(d)
Substantial equivalency of the other state may be documented
by the applicant providing a copy of the other board's rules and regulations
with pertinent sections highlighted which indicate training and exam requirements
for a particular type of license. This material is then reviewed for substantial
equivalency by the Board.
(e)
This type of temporary license is not available to an applicant
who has made application for permanent licensure in this state. Upon receipt
of an application for a permanent license, the temporary license is immediately
null and void and the individual can no longer practice legally in Texas.
(f)
The holder of a temporary license will not be further notified
as to the ending date of the temporary license, other than the ending date
that is provided in the initial issuance letter. Practicing with an expired
temporary license qualifies the licensee for disciplinary review by the Board.
(g)
Purposes for which a temporary license may be issued include:
to serve as an expert witness in court, to assist a patient in transition
to mental health practitioner in Texas, and others as approved by the Board.
(h)
Applicants for temporary licenses who hold current status
as CPQ, National Health Service Provider, or ABPP may have documentation from
the credentialing entity sent directly to the Board as compliance with and
in lieu of subsections (a)(3) and (5).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 24, 2006.
TRD-200600995
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 16, 2006
Proposal publication date: December 16, 2005
For further information, please call: (512) 305-7700
22 TAC §473.5
The Texas State Board of Examiners of Psychologists adopts
amendments to §473.5, Miscellaneous Fees, without changes to the proposed
text as published in the December 16, 2005, issue of the
Texas Register
(30 TexReg 8389).
The amendments are being adopted to charge an application fee for the new
temporary license.
The adopted amendments will allow the agency to recover the costs incurred
in issuing a limited temporary license.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 24, 2006.
TRD-200600996
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 16, 2006
Proposal publication date: December 16, 2005
For further information, please call: (512) 305-7700
Chapter 571.
LICENSING
Subchapter A. EXAMINATION
22 TAC §571.18
The Texas Board of Veterinary Medical Examiners adopts amendments
to §571.18 concerning Provisional Licensure without change to the proposed
text as published in the
Texas Register
on
November 4, 2005 (30 TexReg 7166). The amended section reflects the action
of the 79th Texas Legislature in deleting the statutory requirement that the
holder of a provisional license be sponsored and directly supervised by a
Texas veterinarian. Other minor amendments are adopted to assure full compliance
with the Legislative directives.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the authority of §801.151(a)
of the Texas Occupations Code which gives the Board authority to adopt rule
necessary to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 27, 2006.
TRD-200601040
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: March 19, 2006
Proposal publication date: November 4, 2005
For further information, please call: (512) 305-7555
Subchapter G. OTHER PROVISIONS
22 TAC §573.64
The Texas Board of Veterinary Medical Examiners adopts amendments
to §573.64 concerning Continuing Education Requirements without changes
to the proposed text published in the November 4, 2005
Texas Register
(30 TexReg 7167). The 79th Legislature amended the Veterinary
Licensing Act to require stricter standards for verifying continuing education
(CE), and authorized the Board to require veterinarians who do not obtain
the required number of CE hours to make up those hours in later years. The
amendments incorporate those legislative changes into this section by requiring
proof of CE hours claimed, and provide for make-up hours. The section is also
amended to increase the maximum number of on-line, participatory CE hours
that can be claimed from seven to 10 to reflect the number and quality of
on-line programs available to veterinarians. The amendments require, however,
that at least seven live, on-site hours be obtained each year.
A comment on the proposed rule was received from Harold Emerson, D.V.M.,
who suggested that 12, instead of 10, of the required CE hours be allowed
for on-line study. He noted the large number of excellent on-line CE programs
offered by the Veterinary Information Network (VIN), and felt that he learned
more from on-line sessions than from live sessions. The Board notes that the
hours that can be claimed for on-line CE are being increased from seven to
10. Future increases are possible. However, the Board feels that the benefits
of live CE sessions with face-to-face interactions are valuable in the CE
process and believes that the proposed allocation of on-line and live CE hours
strikes a reasonable balance.
The adopted changes will strengthen verification of CE acquired by veterinarians
and encourage them, through the mechanism of making up missed hours, to obtain
the required number of hours each year in a timely manner.
The amendments are adopted under the authority of §801.151(a)
of the Texas Occupations Code which give the Board authority to adopt rules
necessary to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 27, 2006.
TRD-200601039
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: March 19, 2006
Proposal publication date: November 4, 2005
For further information, please call: (512) 305-7555
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 473.
FEES
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Chapter 573.
RULES OF PROFESSIONAL CONDUCT